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ROBERT OGIER v. STATE TEXAS (05/06/87)

decided: May 6, 1987.

ROBERT OGIER, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE



Appeal from the 175th District Court of Bexar County, Trial Court No. 85-CR-3469A, Honorable Phil Chavarria, Jr., Judge Presiding

COUNSEL

Andred B. Logan, FOR APPELLANT.

Fred G. Rodriguez, Criminal District Attorney, Sam Millsap, Jr., Former Criminal District Attorney, Eduardo Garcia, John Causey, Barbara Hervey, Bexar County Courthouse, FOR APPELLEE.

Rudy Esquivel, Associate Justice, Antonio G. Cantu, Associate Justice, Preston H. Dial, Jr., Associate Justice.

Author: Dial

This is an appeal from a conviction for the offense of murder following a jury trial. The jury assessed punishment at ninety-nine (99) years' confinement. We overrule the three points of error and affirm the conviction.

The first point of error complains of the trial court's overruling the defendant's motion to suppress his written statement. The specific contention is that the statement was involuntary due to the intoxicated state of the defendant at the time it was made.

Prior to the admission of the defendant's confession, the trial court conducted a hearing outside of the presence of the jury on the issue of voluntariness. The only testimony presented at the hearing came from Officers Baker and Rose who were present at the time of the taking of the confession. The defendant did not testify at the hearing. The officers generally testified that the defendant did not display any of the symptoms of intoxication and appeared to be sober. The officer who ...


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